Supreme Court Critiques Petitioners Over Rohingya Refugee Claims

Rohingya Muslims have been a persistent challenge to India's security and law enforcement across various states, leading to ongoing calls for their expulsion. However, there are factions within the country advocating for their right to remain and obtain citizenship. The Supreme Court recently delivered a significant reprimand to petitioners who claimed that 43 Rohingya refugees, including women and children, were abandoned in the Andaman Sea for deportation to Myanmar. The court remarked, “You are presenting imaginary ideas while the country is facing tough times.” Justices Surya Kant and N. Kotiswar Singh questioned the authenticity of the evidence presented by petitioners, denying the request to halt the deportation of the Rohingya refugees.

The bench pointed out that the materials submitted by the petitioners appeared to be sourced from social media and dismissed the allegations of torture and deportation of Rohingya refugees as mere accusations. Justice Surya Kant inquired, “Where is the evidence to substantiate these claims?”

Furthermore, the court noted that the alleged phone conversations between the deported Rohingya refugees and a petitioner in Delhi were not verified. Justice Surya Kant asked, “Has anyone confirmed that these calls originated from Myanmar? We have previously heard cases where calls were made from Jamtara in Jharkhand to numbers in the USA, UK, and Canada.” Citing a report from the UN High Commissioner for Human Rights, senior advocate Colin Gonsalves mentioned that the office had taken cognizance of the issue and initiated an investigation. The bench responded, “External parties cannot dictate our authorities and sovereignty.” However, it instructed Gonsalves to submit a copy of the petition to the Attorney General and Solicitor General's offices for consideration by the relevant authorities.

The Supreme Court has scheduled the hearing for this case on July 31 before a three-judge bench.

Additionally, the court expressed frustration over the repeated public interest litigations (PILs) filed to halt the alleged deportation of Rohingya Muslims. It cautioned Gonsalves against filing the same issue without new facts, especially after the Supreme Court's decision on May 8, which denied interim relief against the potential deportation of Rohingyas despite strong arguments from Gonsalves and Prashant Bhushan. The bench had previously stated that Rohingyas are not Indian citizens and thus do not have the right to reside anywhere in the country.

Gonsalves had claimed that on May 8, the central government deported 28 Rohingyas, handcuffing them and transporting them to the Andaman Islands, where they were fitted with life jackets and pushed towards Myanmar. After reaching Myanmar, they managed to contact relatives in Delhi, warning them of imminent danger to their lives. The bench dismissed these as mere allegations, questioning who would verify the accuracy of these claims. Gonsalves also referenced a Supreme Court ruling regarding the protection of Chakma refugees, citing UN reports and an International Court of Justice (ICJ) order that recognized Rohingyas as refugees whose lives must be protected by the UN. The bench stated, “We do not wish to comment on the UN report today. We will respond on July 31 when this petition is heard alongside the pending petition.” Gonsalves expressed concern that in the meantime, the government might proceed with the deportation of Rohingyas, of which there are over 8,000 across the country, including approximately 800 in Delhi.